In Polimaster Ltd. v. RAE Sys., Inc., No. 08-15708, plaintiffs' appeal from the district court's confirmation of an arbitration award against them and in favor of defendants, the court reversed where the arbitration agreement required that all requests for affirmative relief, whether styled as claims or counterclaims, be arbitrated at the defendant's site, and the parties did not do so.
As the court wrote: "Appellants Polimaster Ltd. and Na&Se Trading Company, Ltd. (Na&Se) (collectively, Polimaster) appeal from the district court's confirmation of an arbitration award against them and in favor of appellee RAE Systems, Inc. (RAE). They also appeal from the district court's subsequent order granting pre- and post-judgment interest on the arbitration award. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 9 U.S.C. § 16(a)(1)(D), and we reverse and remand."
- Full Text of Polimaster Ltd. v. RAE Sys., Inc., No. 08-15708